Free Movement of Goods (Tutorial notes) PDF

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Tutorial notes for Free movement of goods...

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European Internal Market Law

Free Movement of Goods Tutorial notes

Question 1  Single market; common policies, four freedoms  External o Import/export restrictions set at EU level o Import duty – same no matter which point of entry  Internal o No customs duties for trade within the EU o No customs or quantitative restrictions  Links with ECL o Both function under treaties o Basic structure of EU o Scope of EU law much greater o From the beginning the purpose of the EU is to focus on trade – exists for internal market

Question 2  Important – freedom of movement, no customs limits etc. o Would trade in UK be easier without the EU? o Too many regulations?

Question 3  Beneficial o Beneficial to all member states o Greater product range o Specialisation – economic efficiency o Competition – leads to growth  eg. Ryanair – driven prices down, increasing demand for flights  Criticisms o Monopolies can dominate o Member states have less power  Lack of oversight Question 4  Freedom of goods, persons, services and capital o Goods – actual, concrete goods o Services – more difficult to identify  Factors of production need to move freely o Workers and capital – needed for goods and services  Freedom of establishment – ability for someone to establish themselves and join the workforce  Citizenship of EU o More free movement o Not for economic motivation but because that person has identifiable rights

European Internal Market Law Question 5  Quantitative restriction o Restriction on quantity o Quota o Countries can’t get away with setting these  MEE o Not a quantitative restriction o May not be illegal on face o But will have the equivalent effect of a quantitative restriction

Question 6  Basics: result of German law is that French company couldn’t export Cassis to Germany – effectively a ban  Law invalid because it’s an MEE  Home state is one that produces product  Host state is one where the product is sold  Regulations of home state apply o If you had to apply regulations of host state it would mean a product would have to be changed for export to each country  ECJ felt this was too complicated and ruled that regulations of the home state should apply  Mandatory requirements o Allowed to justify rules relating to safety, health and environmental concerns o Not a closed list o Exception to Art. 34 but different to Art. 36

Question 7  Keck o Law: French law not allowing businesses to sell products at a loss  Gourmet o Swedish law: can’t advertise alcohol in publications  If Keck was followed the court would have said that is affects Swedish and foreign goods equally  However, the court said it was an MEE because the Swedes know about Swedish alcohol already but not about foreign alcohol  Static arrangement – doesn’t affect market access  Dynamic arrangement – does affect market access...